Chapter I. On the General Notions of Penance

Penance can be considered simply as a virtue, and as a sacrament. If it is considered in the first way, it is defined: A moral virtue inclining to detestation of sin, insofar as it is an offense of God, and to an efficacious purpose of avoiding it in the future and of satisfying divine justice. - I said, insofar as it is an offense of God, that is, insofar as it brings injury to God and harms His rights over man; but not insofar as it offends the supreme goodness and perfection of God considered in itself: for this pertains to contrition perfected by charity. Hence most theologians after St. Thomas teach that penance, as it is a particular virtue, pertains to justice, by which man renders to God what is His. - Cf. St. Thom. 3, q. 85, art. 3.

But if Penance is considered as a sacrament, it is defined: A sacrament of the new law, instituted by Christ after the manner of a judgment, for remitting through priestly absolution sins committed after Baptism to a contrite and confessed man. - Moreover concerning the truth, necessity, and constitutive parts of this sacrament, the following things must be held:

I. Penance is a true and properly so called sacrament of the new law, and by force of divine institution it has the power of remitting all sins committed after Baptism. This is clear from the Council of Trent, sess. 14, can. 1, where it is said: "If anyone shall say that, in the Catholic Church, Penance is not truly and properly a sacrament instituted by Christ our Lord for the faithful, as often as they fall into sins after Baptism, to be reconciled to God Himself, let him be anathema." - Cf. De Augustinis, part. 2, Thes. 13, p. 155.

II. The sacrament of Penance is necessary by necessity of means, in reality or, if it cannot be received in reality, at least in implicit desire, for remitting mortal sins committed after Baptism. This is clear from the Council of Trent, which in sess. 14 declared these two things, namely in chap. 2: "But this sacrament of Penance is necessary unto salvation for those fallen after Baptism, as Baptism itself is for those not yet regenerated"; and in chap. 4: "The Holy Synod teaches that, although it sometimes happens that contrition is perfected by charity and reconciles man to God before this sacrament [of Penance] is actually received; nevertheless this reconciliation itself is not to be ascribed to contrition itself without the desire of the sacrament, which is included in it." - Cf. De Augustinis, part. 2, Thes. 26, p. 197.

III. The parts of the sacrament of Penance are contrition, confession, absolution, and satisfaction. For the sacrament of Penance was instituted after the manner of a reconciliatory judgment: but this judicial reconciliation is situated essentially, on the part of the penitent, in the sorrowful accusation of sins, that is, in contrition and confession; on the part of the priest bearing the place of Christ, in the remission of the same sins through absolution; but it is perfected and completed by satisfaction, by which the guilt of temporal punishment also is removed. Therefore satisfaction, insofar as it must be fulfilled, is only an integral part of this sacrament; because the primary effect, namely grace and remission of sins as to fault and eternal punishment, can be had without satisfaction. Cf. De Augustinis, part. 2, Thes. 18, p. 227.

Question 1. When was the sacrament of Penance instituted? Resp. It was instituted when Christ after His Resurrection breathed upon His disciples, saying: "Receive the Holy Spirit; whose sins you shall forgive, they are forgiven them," etc. For then, as the Council of Trent declares, sess. 14, chap. 1, He conferred on them the judicial power which before the Passion He had only promised. Hence the Tridentine Fathers say that this sacrament was instituted chiefly after the Resurrection.

Question 2. Whether and how far sacramental judgment and forensic judgment agree? Resp. They agree partly and differ partly, as is clear from the form of each. But the chief difference is twofold, one as to mode and the other as to effect: as to mode indeed, because in sacramental judgment the whole matter is carried on secretly, and consequently the penitent himself is the accused, the accuser, and the witness, otherwise than in forensic judgment; but as to effect, because forensic judgments tend to punish the accused, and consequently are of themselves vindicatory; but sacramental judgment tends to absolving, or to reconciling the sinner with God. - Cf. Lehmkuhl, n. 255, note 11.